The High Court enhanced compensation to the widow and minor daughter of a deceased motor accident victim. The court addressed maintainability of the claim after the victim's death and awarded Rs. 6,25,000 total, including interest.
Enhanced compensation of Rs. 6,25,000 with 9% interest payable within two months by the insurer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 10TH DAY OF NOVEMBER 2014/19TH KARTHIKA, 1936
MACA.No. 347 of 2009
AGAINST THE AWARD IN OPMV 1306/2002 of M.A.C.T.,KOZHIKODE DATED 25.4.2008
APPELLANTS/SUPPLEMENTARY RESPONDENTS 4 & 5:
BY ADV. SRI.V.N.RAMESAN NAMBISAN
RESPONDENTS/SUPPLEMMENTARY PETITIONER - 2 AND RESPONDENTS 1 TO 3:
R,R2,3 BY ADV. SRI.P.U.SHAILAJAN R,R4 BY ADV. SRI.P.V.JYOTHI PRASAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN &
BABU MATHEW P. JOSEPH, JJ.
============================== M.A.C.A.No. 347 of 2009
============================== Dated this the 10th day of November, 2014
JUDGMENT
Thottathil B. Radhakrishnan, J.
This appeal is by the widow and daughter of one Abdulrahiman who was injured in a road traffic accident on 12.3.2002. After the institution of the application for compensation, which was done within a short time after the accident, he died. His mother was impleaded as additional claimant and his widow and a young girl child of seven years were impleaded as additional respondents in the claim petition. This appeal is by the widow and child. The mother of Abdulrahiman is the first respondent in this appeal.
2
MACA 347/2009
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Kozhikode. He was discharged on 12.4.2002 and he died on 9.5.2002.
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not instituted by Abdulrahiman, his dependents and the legal representatives have every right to sue on all counts, including compensation for pain and sufferings that Abdulrahiman could have suffered. Hence, we decide to proceed on the merits of the claim in this appeal for enhancement.
5,000/- per month. On our estimate, it will be appropriate that we have to take note of the probable future prospects. Accordingly, we fix his monthly income at 3,500/-. Adopting 15 as multiplier, we see that the amount of compensation due for loss of dependency is 3500x12x2/3x 15=4,20,000/-.MACA 347/2009
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his ultimate death on 9.5.2002, we are of the view that an amount of 50,000/- is to be paid towards compensation for pain and sufferings. The appellantwidow is entitled to an amount of 50,000/- towards compensation for loss of consortium. The young daughter is entitled to an amount of 50,000/towards loss of love and affection and other prospects which would have been due to her from the father, had he been in alive. An amount of 20,000/- is due as compensation to the mother of Abdulrahiman towards loss of love and affection from the son. An amount of 15,000/- is fixed as funeral expenses. Having regard to the length of treatment and nature of injuries, it is just and reasonable to grant 10,000/- towards bystander expenses. We also award `10,000/-towards loss of estate. Thus, the total compensation due to the claimants, wife and daughter and mother of Abdulrahiman, is
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6,25,000/- (Rupees six lakh and twenty five thousand only). Out of this amount, an amount of 1,00,000/-(rupees one lakh) is payable to the first respondent, mother of the deceased Abdulrahiman. The remaining portion of the amount will go in equal proportion to the appellants, widow and daughter. The enhanced amount will carry interest at the rate of 9% per annum from the date of the claim petition till realisation. The insurer will deposit the enhanced amount granted hereby with interest within two months from today.
This appeal is allowed in part.
Sd/THOTTATHIL B. RADHAKRISHNAN JUDGE
Sd/- BABU MATHEW P. JOSEPH JUDGE
ks.
True copy
P.S.to Judge
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3 issues framed by the court
Whether the award of compensation to the widow and minor daughter should be enhanced given the time lag in hearing and the nature of injuries.
Whether the claim petition instituted in the name of the deceased is maintainable after his death.
The quantum of compensation including loss of dependency, death, and funeral expenses for the dependents of the deceased.
1 provisions across 1 enactments
Sakeena K.T.
Badarunnessa K.T.
Imbichipathu
The Managing Director, M/S Shajee Motor Service
M. Ramachandran
The United India Insurance Co. Ltd.
Thottathil B. Radhakrishnan
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court